Case: United States v. State of Colorado

United States of America v. State of Colorado

COMPLAINT against City and County of Denver, Colorado General Assembly, Denver City Council, Denver Sheriff Department, Elias Diggins, Mike Johnston, Jared Polis, State of Colorado, Philip Weiser Attorney Catherine M. Reno added to party United States of America(pty:pla), filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Reno, Catherine) (Entered: 05/02/2025)

1 Civil Cover Sheet

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Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (echa, ) (Entered: 05/02/2025)

Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No summons issued. (echa, ) (Entered: 05/02/2025)

DISREGARD, FILED INTO INCORRECT CASE RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE by Magistrate Judge Richard T. Gurley on 5 May 2025. RECOMMENDED that the Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (ECF No. 4 ) be DISMISSED WITHOUT PREJUDICE for Applicant Alexander Smiths failure to exhaust available state court remedies. (cmadr, ) Modified on 5/5/2025 (cmadr, ). (Entered: 05/05/2025)

NOTICE of Entry of Appearance by Amanda B. Saylor on behalf of All Plaintiffs Attorney Amanda B. Saylor added to party USA(pty:pla) (Saylor, Amanda) (Entered: 05/05/2025)

SUMMONS REQUEST as to State of Colorado; Jared Polis, Governor of Colorado, in his official capacity; Colorado General Assembly; Philip Weiser, Attorney General of Colorado, in his official capacity; City and County of Denver; Denver City Council; Mike Johnston, Mayor of Denver, in his official capacity; Denver Sheriff Department; Elias Diggins, Sheriff of Denver, in his official capacity. re 1 Complaint, by Plaintiff USA. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons)(Reno, Catherine) (Entered: 05/05/2025)

MINUTE ORDER. Pursuant to D.C.COLO.LCivR 40.1(c)(4), the deadline to file the Consent/Non-Consent to United States Magistrate Judge Jurisdiction form [#3] is July 21, 2025. by Magistrate Judge Kathryn A. Starnella on 5/6/2025. Text Only Entry (kaslc2, ) (Entered: 05/06/2025)

ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 6 May 2025. Proposed Scheduling Order due 7/28/2025. Scheduling Conference set for 8/4/2025 10:00 AM in Courtroom C204 before Magistrate Judge Kathryn A. Starnella. (Attachments: # 1 Continuation of Main Document, # 2 Continuation of Main Document) (cmadr, ) (Entered: 05/06/2025)

Minute Order

SUMMONS issued by Clerk. (norlin, ) (Entered: 05/07/2025)

NOTICE of Entry of Appearance by David Z. Moskowitz on behalf of State of Colorado, Jared Polis, Philip WeiserAttorney David Z. Moskowitz added to party State of Colorado(pty:dft), Attorney David Z. Moskowitz added to party Jared Polis(pty:dft), Attorney David Z. Moskowitz added to party Philip Weiser(pty:dft) (Moskowitz, David) (Entered: 05/27/2025)

NOTICE of Entry of Appearance by Talia Boxerman Kraemer on behalf of State of Colorado, Jared Polis, Philip WeiserAttorney Talia Boxerman Kraemer added to party State of Colorado(pty:dft), Attorney Talia Boxerman Kraemer added to party Jared Polis(pty:dft), Attorney Talia Boxerman Kraemer added to party Philip Weiser(pty:dft) (Kraemer, Talia) (Entered: 05/27/2025)

NOTICE of Entry of Appearance by Edward T. Ramey on behalf of Colorado General AssemblyAttorney Edward T. Ramey added to party Colorado General Assembly(pty:dft) (Ramey, Edward) (Entered: 05/27/2025)

CONSENT to Jurisdiction of Magistrate Judge by Defendants State of Colorado, Jared Polis, Philip Weiser All parties do not consent.. (Moskowitz, David) (Entered: 05/27/2025)

NOTICE of Entry of Appearance by Martha M. Tierney on behalf of Colorado General AssemblyAttorney Martha M. Tierney added to party Colorado General Assembly(pty:dft) (Tierney, Martha) (Entered: 05/27/2025)

MINUTE ORDER. This case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a), by Magistrate Judge Kathryn A. Starnella on 5/27/2025. This case is randomly reassigned to Judge Gordon P Gallagher and drawn to Magistrate Judge Kathryn A. Starnella. All future pleadings should be designated as 25-cv-1391-GPG (angar, ) (Entered: 05/27/2025)

ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella. Pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other specifically-referred motions, and (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court levsponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. by District Judge Gordon P Gallagher on 5/28/2025. Text Only Entry (sphil, ) (Entered: 05/28/2025)

Order Referring Case to Magistrate Judge

NOTICE of Entry of Appearance by Ashley McCall Kelliher on behalf of Elias Diggins, City and County of Denver, Denver City Council, Mike Johnston, Denver Sheriff DepartmentAttorney Ashley McCall Kelliher added to party Elias Diggins(pty:dft), Attorney Ashley McCall Kelliher added to party City and County of Denver(pty:dft), Attorney Ashley McCall Kelliher added to party Denver City Council(pty:dft), Attorney Ashley McCall Kelliher added to party Mike Johnston(pty:dft), Attorney Ashley McCall Kelliher added to party Denver Sheriff Department(pty:dft) (Kelliher, Ashley) (Entered: 06/02/2025)

NOTICE of Entry of Appearance by Robert N. Lyman on behalf of Elias Diggins, City and County of Denver, Denver City Council, Mike Johnston, Denver Sheriff DepartmentAttorney Robert N. Lyman added to party Elias Diggins(pty:dft), Attorney Robert N. Lyman added to party City and County of Denver(pty:dft), Attorney Robert N. Lyman added to party Denver City Council(pty:dft), Attorney Robert N. Lyman added to party Mike Johnston(pty:dft), Attorney Robert N. Lyman added to party Denver Sheriff Department(pty:dft) (Lyman, Robert) (Entered: 06/02/2025)

NOTICE of Entry of Appearance by Sophia Fernald on behalf of Elias Diggins, City and County of Denver, Denver City Council, Mike Johnston, Denver Sheriff DepartmentAttorney Sophia Fernald added to party Elias Diggins(pty:dft), Attorney Sophia Fernald added to party City and County of Denver(pty:dft), Attorney Sophia Fernald added to party Denver City Council(pty:dft), Attorney Sophia Fernald added to party Mike Johnston(pty:dft), Attorney Sophia Fernald added to party Denver Sheriff Department(pty:dft) (Fernald, Sophia) (Entered: 06/02/2025)

NOTICE of Entry of Appearance by Andres Manuel Alers on behalf of Elias Diggins, City and County of Denver, Denver City Council, Mike Johnston, Denver Sheriff DepartmentAttorney Andres Manuel Alers added to party Elias Diggins(pty:dft), Attorney Andres Manuel Alers added to party City and County of Denver(pty:dft), Attorney Andres Manuel Alers added to party Denver City Council(pty:dft), Attorney Andres Manuel Alers added to party Mike Johnston(pty:dft), Attorney Andres Manuel Alers added to party Denver Sheriff Department(pty:dft) (Alers, Andres) (Entered: 06/02/2025)

STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Jared Polis, State of Colorado, Philip Weiser, City and County of Denver, Colorado General Assembly, Denver City Council, Denver Sheriff Department, Elias Diggins, Mike Johnston. All Defendants. (Moskowitz, David) (Entered: 06/06/2025)

SUMMONS Returned Executed by USA. Mike Johnston served on 5/21/2025, answer due 6/11/2025; Jared Polis served on 5/21/2025, answer due 6/11/2025; State of Colorado served on 5/21/2025, answer due 6/11/2025; Philip Weiser served on 5/21/2025, answer due 6/11/2025. (sphil, ) (Entered: 06/12/2025)

SUMMONS Returned Executed by USA. City and County of Denver served on 5/21/2025, answer due 6/11/2025; Colorado General Assembly served on 5/21/2025, answer due 6/11/2025; Denver City Council served on 5/21/2025, answer due 6/11/2025; Denver Sheriff Department served on 5/21/2025, answer due 6/11/2025; Elias Diggins served on 5/21/2025, answer due 6/11/2025. (sphil, ) (Entered: 06/13/2025)

MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 6/16/25. PLEASE NOTE LOCATION CHANGE ONLY. IT IS HEREBY ORDERED that the Scheduling Conference set for August 4, 2025, at 10:00 a.m. is RESET from the Byron G. Rogers United States Courthouse to Courtroom A 501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. Text Only Entry(lgale) (Entered: 06/16/2025)

Minute Order

Joint MOTION for Order to Set Briefing Schedule by Plaintiff USA. (Attachments: # 1 Proposed Order (PDF Only))(Reno, Catherine) (Entered: 06/23/2025)

1 Proposed Order (PDF Only)

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MEMORANDUM regarding 25 Joint MOTION for Order to Set Briefing Schedule filed by USA. Motion referred to Magistrate Judge Kathryn A. Starnella by District Judge Gordon P Gallagher on 06/23/2025. Text Only Entry (dclem) (Entered: 06/23/2025)

Memorandum

MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 27 June 2025. IT IS HEREBY ORDERED that the Joint Motion to Set Briefing Schedule 25 is GRANTED. The deadline for Plaintiff to file an Amended Complaint is July 26, 2025. The deadline for Defendants to answer or otherwise respond to the Amended Complaint is August 25, 2025. The deadline for Plaintiff to respond to any timely-filed motion to dismiss is September 24, 2025, and the deadline for Defendants to file a Reply is October 9, 2025. Defendants current deadline to respond to the original Complaint 1 is VACATED.(cmadr, ) (Entered: 06/27/2025)

Unopposed MOTION for Order to Reschedule Conference by Plaintiff USA. (Attachments: # 1 Proposed Order (PDF Only))(Reno, Catherine) (Entered: 07/07/2025)

1 Proposed Order (PDF Only)

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MEMORANDUM regarding 28 Unopposed MOTION for Order to Reschedule Conference filed by USA. Motion referred to Magistrate Judge Kathryn A. Starnella by District Judge Gordon P Gallagher on 07/07/2025. Text Only Entry (dclem) (Entered: 07/07/2025)

Memorandum

MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 9 July 2025. IT IS HEREBY ORDERED that the Scheduling Conference set for August 4, 2025, at 10:00 a.m. is VACATED and RESET to October 16, 2025, at 9:30 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294.IT IS FURTHER ORDERED that, no later than October 9, 2025, the parties shall submit their proposed scheduling order. (cmadr, ) (Entered: 07/09/2025)

AMENDED COMPLAINT against All Defendants, filed by USA.(Saylor, Amanda) (Entered: 07/25/2025)

NOTICE of Entry of Appearance by Samuel Perry Wolter on behalf of State of Colorado, Jared Polis, Philip WeiserAttorney Samuel Perry Wolter added to party State of Colorado(pty:dft), Attorney Samuel Perry Wolter added to party Jared Polis(pty:dft), Attorney Samuel Perry Wolter added to party Philip Weiser(pty:dft) (Wolter, Samuel) (Entered: 08/20/2025)

Unopposed MOTION for Leave to File Excess Pages by Defendants State of Colorado, Jared Polis, Philip Weiser. (Moskowitz, David) (Entered: 08/21/2025)

ORDER granting 33 Unopposed Motion for Leave to File Excess Pages. The Court hereby Orders that Defendants State of Colorado, Governor Jared Polis, and Attorney General Philip Weiser (collectively Colorado Defendants) shall have a 10-page extension to file a joint 25-page motion to dismiss.By District Judge Gordon P. Gallagher on August 21, 2025. Text Only Entry. (gpglc3) (Entered: 08/21/2025)

Order on Motion for Leave to File Excess Pages

MOTION for Leave to File Excess Pages by Defendants Elias Diggins, City and County of Denver, Denver City Council, Mike Johnston, Denver Sheriff Department. (Fernald, Sophia) (Entered: 08/22/2025)

ORDER granting in part 35 Unopposed Motion for Leave to File Excess Pages. Defendants City and County of Denver, Denver City Council, Mike Johnston, Denver Sheriff Department, and Elias Diggins (Denver Defendants) request an extension of the page limitation of an additional 15 pages for their anticipated joint Motion to Dismiss. The Court grants the motion insofar as the Denver Defendants may have additional pages; however, they shall only have an additional 10 pages for a total page count of 25 pages for their joint, anticipated Motion to Dismiss, exclusive of caption, table of contents, signature block, and certificate of service. By District Judge Gordon P. Gallagher on August 22, 2025. Text Only Entry. (gpglc3) (Entered: 08/22/2025)

Order on Motion for Leave to File Excess Pages

MOTION to Dismiss for Failure to State a Claim by Defendants State of Colorado, Jared Polis, Philip Weiser. (Moskowitz, David) (Entered: 08/25/2025)

MOTION to Dismiss for Failure to State a Claim by Defendant Colorado General Assembly. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Ramey, Edward) (Entered: 08/25/2025)

MOTION to Dismiss by Defendants Elias Diggins, City and County of Denver, Denver City Council, Mike Johnston, Denver Sheriff Department. (Attachments: # 1 Exhibit Exhibit A - Ordinance 940-17, DRMC Sec. 28-250, et seq., # 2 Exhibit Exhibit B - Executive Order 142)(Kelliher, Ashley) (Entered: 08/25/2025)

Unopposed MOTION for Leave to File Excess Pages by Amicus ACLU of Colorado. (Neel, Sara) (Entered: 08/29/2025)

MINUTE ORDER granting 40 Motion for Leave to File Excess Pages, by District Judge Gordon P Gallagher on 8/29/2025. (Text Only Entry)(ggill, ) (Entered: 08/29/2025)

Order on Motion for Leave to File Excess Pages

First MOTION to File Amicus Brief IN SUPPORT OF DEFENDANTS' MOTIONS TO DISMISS by Amicus ACLU of Colorado. (Attachments: # 1 Proposed Document Amicus Brief)(Macdonald, Timothy) (Entered: 09/02/2025)

1 Proposed Document Amicus Brief

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ORDER Granting 42 Motion to File Amicus Brief, by District Judge Gordon P Gallagher on 9/2/2025. Text Only Entry(sphil, ) (Entered: 09/02/2025)

Order on Motion to File Amicus Brief

Joint MOTION to Reset Conference by Plaintiff USA. (Attachments: # 1 Proposed Order (PDF Only))(Saylor, Amanda) (Entered: 09/09/2025)

MEMORANDUM regarding 44 Joint MOTION to Reset Conference filed by USA. Motion referred to Magistrate Judge Kathryn A. Starnella by District Judge Gordon P Gallagher on 09/09/2025. Text Only Entry (dclem) (Entered: 09/09/2025)

Memorandum

MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 10 September 2025. IT IS HEREBY ORDERED that the Motion 44 is GRANTED to the extent that the Scheduling Conference set for October 16, at 9:30 a.m. is VACATED and RESET to January 20, 2026, at 9:30 a.m. in Courtroom A-501, Fifth Floor, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado 80294. No later than January 13, 2026, the parties shall file their proposed scheduling order.(cmadr, ) (Entered: 09/10/2025)

MOTION to Withdraw as Attorney Amanda Saylor by Plaintiff USA. (Attachments: # 1 Proposed Order (PDF Only))(Saylor, Amanda) (Entered: 09/12/2025)

MEMORANDUM regarding 47 MOTION to Withdraw as Attorney Amanda Saylor filed by USA. Motion referred to Magistrate Judge Kathryn A. Starnella by District Judge Gordon P Gallagher on 09/12/2025. Text Only Entry (dclem) (Entered: 09/12/2025)

MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 12 September 2025. IT IS HEREBY ORDERED that the Motion 47 is GRANTED. Attorney Amanda B. Saylor is relieved of any further representation of Plaintiff.(cmadr, ) (Entered: 09/15/2025)

Memorandum

MOTION for Leave to File Excess Pages by Plaintiff USA. (Reno, Catherine) (Entered: 09/19/2025)

ORDER granting 50 Motion for Leave. For good cause shown, the Court Orders that Plaintiff shall be allowed to file one consolidated response to the three motions to dismiss which response may total up to 62 pages. By District Judge Gordon P. Gallagher on September 19, 2025. Text Only Entry. (gpglc3) (Entered: 09/19/2025)

Order on Motion for Leave

RESPONSE to 37 MOTION to Dismiss for Failure to State a Claim, 38 MOTION to Dismiss for Failure to State a Claim, 39 MOTION to Dismiss filed by Plaintiff USA. (Reno, Catherine) (Entered: 09/24/2025)

NOTICE of Entry of Appearance by Victoria Turcios on behalf of All Plaintiffs Attorney Victoria Turcios added to party USA(pty:pla) (Turcios, Victoria) (Entered: 09/29/2025)

NOTICE of Entry of Appearance by David L. Jaroslav on behalf of Federation for American Immigration ReformAttorney David L. Jaroslav added to party Federation for American Immigration Reform(pty:am) (Jaroslav, David) (Entered: 09/30/2025)

Unopposed MOTION to File Amicus Brief in Support of Plaintiff and in Opposition to Defendants' Motions to Dismiss by Amicus Federation for American Immigration Reform. (Attachments: # 1 amicus brief)(Jaroslav, David) (Entered: 09/30/2025)

ORDER granting 55 Motion to File Amicus Brief by District Judge Gordon P. Gallagher on 9/30/2025. Text Only Entry.(amona,) (Entered: 09/30/2025)

Order on Motion to File Amicus Brief

Unopposed MOTION to Stay IN LIGHT OF LAPSE OF APPROPRIATIONS by Plaintiff USA. (Attachments: # 1 Proposed Order (PDF Only))(Turcios, Victoria) (Entered: 10/01/2025)

1 Proposed Order (PDF Only)

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ORDER. The Unopposed Motion to Stay 57 filed by the United States is GRANTED and this action is STAYED. However, as it does not currently cause additional work for the United States during the lapse in appropriations, this Order does not disturb the pending Reply date for any Defendant who may wish to reply in support of the various Motions to Dismiss and the United States Response thereto (D. 52 filed September 24, 2025). So Ordered by District Judge Gordon P. Gallagher on 10/2/2025. Text Only Entry. (amona,) (Entered: 10/02/2025)

Order on Motion to Stay

Unopposed MOTION for Extension of Time to File Response/Reply as to 37 MOTION to Dismiss for Failure to State a Claim, 38 MOTION to Dismiss for Failure to State a Claim, 39 MOTION to Dismiss by Defendants Elias Diggins, State of Colorado, Jared Polis, Colorado General Assembly, Philip Weiser, City and County of Denver, Denver City Council, Mike Johnston, Denver Sheriff Department. (Moskowitz, David) (Entered: 10/03/2025)

ORDER granting 59 Unopposed Motion for Extension of Time to File Response/Reply. The Court Orders that Defendants shall have a two-week extension of time, until October 23, 2025, to file their respective reply briefs in support of their motions to dismiss. By District Judge Gordon P. Gallagher on October 6, 2025. Text Only Entry.(gpglc3) (Entered: 10/06/2025)

Order on Motion for Extension of Time to File Response/Reply

Unopposed MOTION for Leave to File Excess Pages by Defendants Jared Polis, State of Colorado, Philip Weiser. (Moskowitz, David) (Entered: 10/20/2025)

ORDER granting 61 Unopposed Motion for Leave to File Excess Pages. The Court Orders that Defendants shall have a 20-page extension to file a joint 30-page reply in support of their motion to dismiss. By District Judge Gordon P. Gallagher on October 21, 2025. Text Only Entry. (gpglc3) (Entered: 10/21/2025)

REPLY to Response to 37 MOTION to Dismiss for Failure to State a Claim filed by Defendants Jared Polis, State of Colorado, Philip Weiser. (Moskowitz, David) (Entered: 10/23/2025)

REPLY to Response to 38 MOTION to Dismiss for Failure to State a Claim filed by Defendant Colorado General Assembly. (Ramey, Edward) (Entered: 10/23/2025)